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PROFESSIONAL INDEMNITY COMBINED INSURANCE POLICY Argo Global Syndicate 1200

PROFESSIONAL INDEMNITY COMBINED INSURANCE POLICY · 2018-07-31 · Professional Indemnity Combined Insurance Policy Contents of your Policy Section Page Welcome 1 Your duty of disclosure

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Page 1: PROFESSIONAL INDEMNITY COMBINED INSURANCE POLICY · 2018-07-31 · Professional Indemnity Combined Insurance Policy Contents of your Policy Section Page Welcome 1 Your duty of disclosure

PROFESSIONAL INDEMNITY

COMBINED INSURANCE POLICY

Argo Global Syndicate 1200

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Professional Indemnity Combined Insurance Policy

Contents of your Policy

Section Page

Welcome 1

Your duty of disclosure 2

How to make a complaint 3

How to notify a claim or potential claim 4

How we use personal information 6

Payment of premium 7

Our Agreement 8

Section A - Cover for Professional Indemnity 10

Section B – Cover for Public Liability 16

Section C – Cover for Employers Liability 18

General extensions 19

Important conditions for all sections 21

General exclusions for all sections 25

General Definitions 30

Governing Law and Disputes Clauses 34

Interpretation 34

Welcome to Argo

We are dedicated to providing you with a high quality service. This policy is designed to provide you

with cover through specialised coverage sections. You can identify the cover you have purchased by

looking at the policy’s schedule. This policy will form the contract between you as the insured and

us, your insurers, subject to the terms and conditions detailed below.

The headings used in this policy are for ease of reference and identification purposes only. Any

endorsement or other variation which relates to this policy is subject to the terms and

conditions below. Words and phrases in bold have been given specific meanings and can be

found in the definitions section of the policy.

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Your duty of disclosure

In deciding to accept this policy and in setting the terms and premium, we have relied on the

information you have given us. You must take care when answering any questions we (and your

broker) have asked by ensuring that all information provided is accurate and complete.

If we establish that you deliberately or recklessly provided us with false or misleading information we

will treat this policy as if it never existed and decline all claims.

If we establish that you carelessly provided us with false or misleading information it could

adversely affect your policy and any claim. For example, we may;

Treat this policy as if it had never existed and refuse to pay all claims and return the premium

paid. We will only do this if we provided you with insurance cover which we would not

otherwise have offered;

Amend the terms of your insurance. We may apply these amended terms as if they were

already in place;

Reduce the amount we pay on a claim in the proportion the premium you have paid bears

to the premium we would have charged you; or Cancel your policy in accordance with the right to cancel clause below.

We or your broker will write to you if we;

Intend to treat your policy as if it never existed; or Need to amend the terms of your policy.

If you become aware that information you have given us is inaccurate, you must inform your

broker as soon as practicable.

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How to make a complaint

Our aim is to ensure that all aspects of your insurance are dealt with promptly, efficiently and fairly. If

you have any questions or concerns about your policy or the handling of a claim you should, in the

first instance contact your broker. In the event that you remain dissatisfied and wish to make a

complaint, you can do so at any time by referring the matter to; The Compliance Officer at;

Argo Global Exchequer Court 33 St. Mary Axe London EC3A 8AA

If you remain dissatisfied you can refer your complaint to the Complaints Team at Lloyd’s. The

address for the Complaints Team at Lloyd’s is;

Complaints Team Lloyd’s, Fidentia House, Walter Burke Way, Chatham Maritime, Kent ME4 4RN

Tel; 020 7327 5693 Fax; 020 7327 5225 Email: [email protected] Website: www.lloyds.com/complaints

Details of Lloyd’s complaints procedures are set out in a leaflet “Your Complaint – How We Can

Help” available at www.lloyds.com/complaints and are also available from the above address. If you

remain dissatisfied after Lloyd’s has considered your complaint, you may have the right to refer your

complaint to the Financial Ombudsman Service (FOS).

The contact details for the FOS are: The Financial Ombudsman Service, Exchange Tower, London E14 9SR. Telephone 0800 023 4567 (calls to this number are free from “fixed lines” in the UK) or

0300 1239123 (calls to this number are charged at the same rate as 01 and 02 numbers on

mobile phone tariffs in the UK). Email complaint.info@financial–ombudsman.org.uk.

The FOS is an independent service in the UK for settling disputes between consumers

and businesses providing financial services. You can find out more information on the

FOS at www.financial-ombudsman.org.uk;

Making a complaint does not affect your right to take legal action.

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How to notify a claim

You must notify the nominee named in the schedule in writing as soon as reasonably practicable or

at the latest within 21 days of receipt of any claim made against you, or awareness of an

occurrence which may give rise to a claim covered under this policy. They shall be sent to:

DWF LLP 20 Fenchurch Street, London, EC3M 3AG

[email protected]

For any occurrence or RIDDOR incident you and any person acting on your behalf must:

i. not admit responsibility, liability, make an offer or promise, nor offer

payment or indemnity without our written consent;

ii. not incur any expense without our consent;

iii. give all such information, assistance and forward all documents to enable us to

investigate, settle or resist any claim as we may require;

iv. provide such proofs and information with respect to the claim as may reasonably be

required together with (if demanded) a statutory declaration of the truth of the claim

and any matters connected with the claim

v. not destroy evidence or supporting information or documentation without our prior

consent; nor destroy any plant or other property relating to an occurrence, loss or suit

that may give rise to a claim under this policy.

Legal defence and settlement

i. We are entitled but not obliged to assume the legal defence of any claim

covered under this policy in your name. We shall have full discretion in

managing any negotiation or proceedings as to the resolution of such claim.

ii. We shall be entitled to select and appoint the lawyers and other representatives

that will defend and represent you in respect of any claim.

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iii. Subject to the General Conditions of this policy, we shall be entitled to settle a

claim if we choose;

iv. You agree in relation to any claim or occurrence not to admit liability for or settle

any such claim, make any admission, offer payment or assume any obligation or

incur any costs without our consent;

v. You must not disclose the nature or terms of this Insurance to any person unless

required to do so by law or in compliance with the rules of your regulatory body.

When negotiating a contract with any client you must request our consent to

such disclosure in writing;

vi. We shall not be liable for any settlement, costs, admission, offer, payment or

assumed obligation that you have agreed without our consent. You must request

our consent before you reach any agreement;

vii. We may at any time pay to you the limit of indemnity (having deducted any sums

already paid) or any lesser amount for which such claim may be settled and having

paid such sum we shall relinquish the control of such claim and be under no further

liability in connection with the claim except for defence costs and expenses

incurred prior to the date of such payment and for which we may be responsible

under this agreement for matters arising prior to the date of payment;

viii. Prior to settling any claim within the excess as stated in the policy, you shall obtain

from the claimant a signed form of discharge in full and final settlement of the claim

and you shall advise us of the final amount for which the claim was settled or

resolved.

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How we use personal information

All personal information (including sensitive personal data such as health details or criminal

convictions) provided in connection with this policy will be processed in accordance with the Data

Protection Act 1998. You consent to all personal information being used for these purposes and being

disclosed to the parties set out below;

Where personal information is provided about another person, you are required to inform that

person of our identity, and why their personal information will be processed and disclosed. You are

also required to obtain their written consent to the processing of their personal information in this

way and provide us with such consent if we request. Personal information is used:

i. to administer the policy, including underwriting, renewal information,

validation of claims history and claims handling;

ii. for research, analysis, statistic creation, and customer profiling;

iii. for fraud prevention and debt recovery.

Personal information may be disclosed to:

i. other members of our group;

ii. other insurance entities interested in the risk written under this policy;

iii. agents and service providers appointed by us to carry out activities in connection with

the policy;

iv. credit reference and fraud databases;

v. law enforcement and other statutory bodies;

vi. potential purchasers of the whole or part of our business.

If false or inaccurate information is provided and fraud is suspected this fact will be recorded and

the information will be available to other organisations that have access to the fraud databases.

Personal information may be transferred to third parties in countries outside the European

Economic Area which may not have the same standards of protection for personal information as

the United Kingdom. We will ensure that such transfers comply with the data protection law and that

personal information is kept securely and protected from unauthorised access.

We maintain protections and procedures in the storage and disclosure of personal information to

keep it secure and prevent unauthorised access to or loss of such information.

We may monitor and record all communications with you for compliance and training purposes.

Should you wish to see the information held, or have any queries in relation to the way such

information is used or discover any inaccuracies, you should write to the Compliance Officer at Argo

International, 4th

Floor, Exchequer Court, 33 St Mary, Axe, London, EC3A 8AA.

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Payment of premium

You undertake that the premium will be paid in full to us within 30 days of inception of this policy

(or, in respect of instalment premiums, when due).

If the premium due under this policy has not been paid to us by the 30th day from the inception of

this policy (and, in respect of instalment premiums, by the date they are due) we shall have the right

to cancel this policy by notifying you via your broker in writing. In the event of cancellation, premium

is due to us on a pro rata basis for the period that we are on risk but the full policy premium shall be

payable to us if there is a loss or a notification of a claim or occurrence prior to the date of

termination which later gives rise to a valid claim under this policy.

We will give you not less than 14 days prior notice of cancellation via your broker. If premium due is

paid in full to us before the notice period expires, notice of cancellation shall automatically be

revoked. If not, the policy shall automatically terminate at the end of the notice period.

If any provision of this clause is found by any court or administrative body of competent jurisdiction

to be invalid or unenforceable, such invalidity or unenforceability will not affect the other provisions

of this clause which will remain in full force and effect.

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Our Agreement

1. We will provide cover to you against your legal liability to pay damages (including

claimants’ costs, fees and expenses) for;

a. Professional Indemnity b. Bodily injury, denial of access, advertising injury; c. Property damage; and d. Employers’ liability

occurring within the territorial limits during the period of insurance.

e. This cover applies to legal liability as defined by each section of this policy arising out of

your business, subject to the terms, conditions and exclusions of the policy, including

any endorsements.

f. No cover shall be provided in respect of any judgment, award, payment or settlement

made within any country or territory which operate under the laws of the United States of

America (or to any order made anywhere in the world to enforce such judgment, award,

payment or settlement either in whole or in part).

g. Acquisitions This policy is automatically extended to indemnify any firm acquired or created by

you during the period of insurance for a period of 60 days, provided that:

i. In the 12 month period immediately preceding an acquired firm's acquisition, its

turnover did not exceed 10% of your declared turnover for the last financial year

ii. The activities of an acquired firm are of a similar type as those undertaken by you

iii. In the 5 year period immediately preceding the acquisition, the acquired firm has had no claim or loss of the nature covered by this policy and has not been aware of circumstances which may give rise to a claim or loss of the nature covered by this policy

iv. You have undertaken due diligence prior to any such acquisition and that the due

diligence exercise has not identified any potential liabilities which could result in a claim under this policy

v. An acquired firm is both incorporated in the UK and carries on all its business

activities outside of the USA or Canada

The indemnity provided under this section will only be given to the extent afforded by this policy, after the date of the acquisition or creation, unless specifically agreed by us. Any further indemnity provided by us beyond the 60 days above shall be on terms as specifically agreed by us on receipt of full details of the acquisition.

h. Compensation for court attendance

This policy is automatically extended to indemnify you for the cost of attendance at a formal

hearing or formal interview in connection with a claim notified to us where such attendance

is considered by us as necessary and beneficial to reduce liability which may result in a

payment under this policy. The formal hearing or formal interview will be at the behest of a

third party not acting either on behalf of you or us. The indemnity is subject to;

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i. Us having given our consent to the attendance. Our consent will not be

unreasonably withheld; ii. Cover for costs under this extension is restricted to GBP 250 per person per day; iii. Our maximum liability under this extension will be GBP 10,000 for each claim,

such amount being within the total limit of indemnity available under this policy.

2. Limits of cover for each section a. Our total liability under this policy shall not exceed the limit of indemnity stated in the

schedule for all Claims, occurrences of a series consequent upon or attributable to one

source or original cause; b. If any Claim or occurrence gives rise to liability under more than one section, our total

liability for all claims and occurrences of a series consequent upon or attributable to one

source or original cause, shall not exceed the single greatest limit of indemnity available

under the sections providing cover.

3. Excess for each section a. The excess applies to all claims or occurrences; b. Our limit of indemnity is over and above the excess; c. The excess or applies in respect of defence costs and expenses; d. If any claim gives rise to liability under more than one section your maximum liability will

be the highest applicable excess.

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Section A Professional Indemnity In consideration of the payment of the premium shown in the Schedule, the Insurers agree to indemnify the Insured subject to the terms, conditions, limitations and exclusions of this Policy as set out below.

1 .INSURING CLAUSE

1.1 The Insurers will indemnify any Insured for Loss and Defence Costs resulting from any Claim first made against the Insured during the Policy Period and notified to the Insurers in accordance with the Claims Conditions of this Policy for: (a)negligence or breach of professional duty; (b)negligent misstatement or negligent misrepresentation; (c)defamation, libel or slander; (d)infringement of any intellectual property rights, other than patents and trade secrets; (e)dishonest or fraudulent acts or omissions of any present or former Employee (subject to the provisions of Exclusion 5.4); (f)breach of any contractual or common law obligation of confidentiality, including invasion of privacy; (g)inadvertent transmission of a Virus; (h)any other civil liability;

in the conduct of the Professional Business

EXTENSIONS The indemnity provided by the Insuring Clause of this Policy is extended to include the following:

2.1 Loss of Documents

The Insurers will indemnify any Insured for any reasonable and necessary costs and expenses incurred in order to restore or replace any Documents destroyed, damaged, lost or mislaid in the conduct of the Professional Business which the Insured is legally liable to pay as a result of any Claim first made against the Insured during the Policy Period and notified to the Insurers in accordance with the Claims Conditions of this Policy. The Excess does not apply to this Extension.

2.2 Fee Waiver

The Insurers will indemnify any Insured for any fees owed to the Insured, including amounts legally

owed by the Insured to sub-contractors, which the Insured's client has refused to pay for work done by

the Insured in the conduct of the Professional Business provided the Insurers consider that: (a)such client has reasonable grounds for being dissatisfied with the work done by the Insured and a Claim for more than the fees owed is first made or threatened by such client against the Insured during the Policy Period and notified to the Insurers in accordance with the Claims Conditions of this Policy; and (b)a Claim covered by this Policy against the Insured by such client for more than the fees owed may be settled or avoided if the Insured agrees not to pursue the fees owed. If a Claim is nonetheless pursued by such client, any amounts paid by the Insurers in respect of this

Extension shall form part of any indemnity payable to the Insured for loss resulting from such Claim

pursuant to the Insuring Clause of this Policy. If the Insured recovers the fees owed from such client,

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then the amounts paid by the Insurers must be repaid less the Insured's reasonable expenses of recovering the fees owed.

The Excess does not apply to this Extension.

2.3 Legal Representation Expenses

The Insurers will indemnify any Insured in respect of any reasonable and necessary costs and expenses incurred by the Insured with the prior written consent of the Insurers for representation at any inquiry or other proceeding arising out of any Claim first made against the Insured during the Policy Period and notified to the Insurers in accordance with the Claims Conditions of this Policy in respect of the conduct of the Professional Business covered by this Policy and which are not indemnified as Defence Costs. The liability of the Insurers in respect of this Extension shall not exceed £10,000 any one inquiry or other proceeding and in the aggregate. The Excess does not apply to this Extension.

2.4 Data Protection Expenses

The Insurers will indemnify any Insured in respect of any reasonable and necessary costs and expenses incurred by the Insured with the prior written consent of the Insurers in the defence of any criminal proceedings under the Data Protection Act 1998 or similar legislation brought against the Insured during the Policy Period and notified to the Insurers in accordance with the Claims Conditions of this Policy provided that the Insured's act, error or omission giving rise to such criminal proceedings was in the conduct of the Professional Business. The liability of the Insurers in respect of this Extension shall not exceed £50,000 in the aggregate. The Excess does not apply to this Extension.

2.5 Attendance at Court Proceedings

The Insurers will indemnify the Policyholder in the event that a principal, director, officer, partner, member of the Insured or Employee is required by the Insurers or legal advisors appointed by the Insurers to attend any court, arbitration, adjudication or similar hearing as a witness in connection with a Claim covered by this Policy at the following rates for each day or part of a day: (a)any principal, director, officer, partner or member of the Insured £250

(b)any Employee £150

The Excess does not apply to this Extension.

3.LIMITS OF INDEMNITY AND EXCESSES

3.1 Limit of Indemnity

The Insurers will indemnify the Insured for the amount of any loss in respect of any one Claim up to the Limit of Indemnity, as stated in the schedule. Defence Costs will be indemnified by the Insurers in addition to the Limit of Indemnity.

Each sub-limit specified in the Schedule or in this Policy is the maximum amount for which the Insurers will indemnify the Insured in respect of cover to which the sub-limit applies. Sub-limits are part of and not payable in addition to the Limit of Indemnity.

3.2 Excess

The Insurers will only indemnify the Insured for the amount of any loss that exceeds the applicable Excess. The Insured will be liable for the Excess which will remain uninsured. The Excess will apply to all amounts payable in respect of any one Claim. The Excess does not apply to Defence Costs.

4.TERRITORIES

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The indemnity provided under this Policy is in respect of the conduct of the Professional Business by the Insured and Claims made in the territories stated in the schedule, except in the United States of America (including its territories and/or possessions) and Canada, unless this Policy is specifically endorsed to the contrary. The Insurers shall not indemnify the Insured in respect of or in connection with any Claim made or pending within the United States of America (including its territories and / or possessions) and Canada, or in respect of or in connection with any judgment, arbitration, award, settlement or payment which is delivered or made in any of those countries, or in respect of or in connection with any order or judgment made to enforce such judgment, arbitration, award, settlement or payment.

5.EXCLUSIONS

The Insurers are not liable to make any payment under this Policy arising directly or indirectly out of, based upon or attributable to:

5.1 Bodily injury and Property Damage

(a)Bodily injury, sickness, disease, psychological injury, emotional distress, nervous shock or death sustained by any person, including any principal, director, officer, partner, member or Employee, except that this Exclusion shall not apply to any Claim for which indemnity is provided under Insuring Clause 1.1(c) (defamation, libel or slander). (b)Damage to or loss, destruction or impairment of any property or loss of use thereof, except that this Exclusion shall not apply to any Claim for which indemnity is provided under Extension 2.1 (Loss of Documents).

5.2 Contractual Liability

(a)Any liability assumed by any Insured under any express contract, agreement, indemnity, penalty clause, liquidated damages clause, guarantee or warranty except to the extent that such liability would have attached to such Insured in the absence

of such express contract, agreement, indemnity, penalty clause, liquidated damages clause, guarantee or warranty. (b)Any liability under any contract where the Insured failed to take all reasonable steps prior to entering into such contract to ensure that it could fulfil all of the obligations there under in accordance with the terms of the contract and/or any pre-contractual representations. 5.3 Controlling Interest Any Claims brought by, in the right of or on behalf of: (a)any Insured, or successors or assigns of any Insured (b)any entity that is owned, operated, managed or controlled by any Insured (c)any parent company or any associated company of any Insured

unless such Claim emanates from an independent third party.

5.4 Deliberate or Dishonest Acts

Any deliberate, intentional or reckless acts or omissions, or any criminal, dishonest or fraudulent acts or omissions, except that this Exclusion shall not apply to any Claim for which indemnity is provided under Insuring Clause 1.1(e) (dishonest or fraudulent acts or omissions), subject to the following conditions: (a)no indemnity shall be given under Insuring Clause 1.1(e) (dishonest or fraudulent acts or omissions) if any principal, director, officer, partner or member of any Insured committed or condoned or conspired to commit any such act or omission; (b)the Policyholder shall use all reasonable means to obtain reimbursement from any person responsible for the Loss caused by any such act or omission;

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(c)the Policyholder shall have in place, at the time of the relevant act or omission, appropriate controls for the prevention of any such act or omission.

5.5 Directors and Officers

Any acts, errors or omissions by any Insured in the capacity of a principal, director, officer, partner, member, trustee and/or officer of any trust. 5.6 Employees

Any breach of any obligation owed by any Insured as an employer to any actual, former or prospective principal, director, officer, partner, member or Employee, including but not limited to employment related defamation, libel or slander, humiliation, harassment or discrimination, wrongful, unfair or constructive dismissal or breach, repudiation or termination of any contact of employment or apprenticeship or similar conduct.

5.7 Financial Advice

Any advice upon and/or sale of any investment or financial products, including but not limited to life assurance, pensions and investment activities as more fully described in the Financial Services and Markets Act 2000 or similar legislation in any other jurisdiction, or the arrangement of any finance, credit or leasing agreement

5.8 Insolvency

The insolvency, administration, receivership, liquidation, failure or bankruptcy of any Insured.

5.9 Joint Ventures

The operation or existence of any consortium or joint venture, except that this Exclusion shall not apply to the liability of an Insured in respect of such Insured's own acts, errors or omissions whilst acting in a consortium or joint venture provided that the written agreement of the Insurers to the Insured's participation in such consortium or joint venture has been obtained and an endorsement added to this Policy.

5.10 Official Action or Investigation

Any official action or investigation by or decision or order of any public, local, regulatory or government body or authority, except that this Exclusion shall not affect any indemnity provided under Extension 2.4.

5.11 Patents and Trade Secrets

Any infringement, use or disclosure of a patent, or any use, disclosure or misappropriation of a trade secret.

5.12 Pensions and Employee Benefit Schemes

Any liability in respect of the operation or administration of any pension fund, profit-sharing or employee benefit scheme or trust fund.

5.13 Pollution, Contamination and Asbestos

(a)Any actual, potential or threatened pollution, seepage, discharge or contamination of any kind or any costs or expenses incurred in testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralising any actual, potential or threatened pollution, discharge seepage or contamination except that this Exclusion shall not apply to any Claim for which indemnity would but for this Exclusion be given under Insuring Clause 1.1 provided that

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(i)such pollution, seepage, discharge or contamination is directly caused by a sudden, identifiable, unintended and unexpected happening during the Policy Period, and directly results from the Insured's negligence or breach of professional duty, and (ii)the indemnity given shall be up to a sub-limit of £1million which shall apply to any one Claim and in the aggregate inclusive of Defence Costs. (b)Any actual, potential or threatened ionising radiation or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel or the radioactive, toxic, explosive or other hazardous properties of any explosive nuclear assembly or nuclear component thereof. (c)Asbestos or material containing asbestos in whatever form or quantity except that this Exclusion shall not apply to any Claim for which indemnity would but for this Exclusion be given under Insuring Clause 1.1 provided that

(i)such Claim directly results from the Insured's negligence or breach of professional duty, and (ii)the indemnity given shall be up to a sub-limit of £250,000 which shall apply to any one Claim and in the aggregate inclusive of Defence Costs. (d)Asbestos inspections or surveys.

5.14 Pre-existing Claim or Circumstance

(a)Any Claim or Circumstance of which any Insured was, or ought reasonably to have been, aware prior to inception of this Policy. (b)Any Claim or Circumstance of which notice has been given, or ought to have been given, under any policy of which this Policy is a renewal or replacement or which it may succeed in time. (c)Any Claim or Circumstance disclosed in the Proposal.

5.15 Products (a)Any goods or products sold, supplied, repaired, altered, manufactured, installed, treated or maintained by or on behalf of any Insured. (b)Any costs and expense incurred by the Insured or any third party in the recall, repair or replacement of any product.

5.16 Property Liability The ownership, possession or use by or on behalf of any Insured of any: (a)land, buildings, structures, premises or property; (b)aircraft, watercraft, vessels or other mechanically propelled vehicles.

5.17 Restricted Recovery Rights

Any Claim where the Insured's right of recovery from any third party has been unreasonably limited by the terms of any contract entered into by the Insured. 5.18 Retroactive Date Any actual or alleged act, error, omission or event committed or occurring prior to the Retroactive Date.

5.19 Stocks and Shares

Any liability in respect of the sale or purchase of or dealing in any stocks, shares or securities or the misuse of any information relating to them, or any breach of any legislation or regulation relating to them

5.20 Taxation, Competition, Restraint of Trade

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The breach of any taxation, competition, restraint of trade or anti-trust legislation or regulation.

5.21 Third Party Default

Any defect in any product or service supplied by a third party or any failure by a third party to supply a product or service on time or at all, save to the extent that the Insured shall be entitled to recover damages for breach of contract from such third party.

5.22 Trading Losses

(a)Any trading debt, trading loss or trading liability of any Insured or any business managed by or carried on by any Insured. (b)Any guarantee or undertaking given by any Insured for any debt or performance of any other obligation by a third party. (c)Any actual or alleged overcharging or improper receipt of fees by any Insured.

5.23 Viruses

Any Virus or malicious or inappropriate software or emails except to the extent insured under Insuring Clause 1.1(g) (inadvertent transmission of a Virus).

5.24 War, Riot and Terrorism

(a)War, invasion, acts of foreign enemies, hostilities (whether war is declared or not),civil war, rebellion, revolution, insurrection, military or usurped power, or the confiscation or nationalisation, requisition or destruction of or damage to property by or under the order of any government or public or local authority. (b)Riot or civil unrest. (c)Act of terrorism, including but not limited to the use of force or violence for political, religious or other ends directed towards overthrowing or influencing of any government or for the purpose of putting the public in fear by any means or persons acting alone or on behalf or in connection with any organisation.

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Section B Public Liability

1. We agree to cover you against your legal liability to pay damages, including claimants’ costs

in respect of any occurrence during the period of insurance.

2. Defence costs and Expenses We shall cover you for all defence costs and expenses.

If a payment in excess of the indemnity has to be made to dispose of any claim or if you

become under an obligation to pay a sum over the cover available for any claim, our liability

for defence costs and expenses shall be a proportion only of the indemnity under this

policy to dispose of the claim or the amount which you are obliged to pay.

Public Liability exclusions

3. The cover provided by this policy will not apply to any liability, as follows; a. For pollution; b. Any product. In respect of loss or damage to products owned by or in your care,

custody or control or any employees, this exclusion extends to; i. damage to materials, parts or equipment furnished in connection

with performance of the work; ii. rectification of defective work including your expenditure for the removal, repair,

adjustment, alteration, reinstatement, withdrawal, inspection or disposal of any

property furnished in connection with the performance of work as well as a

result of any defect (suspected or known) or any unsuitability for its intended

purpose. c. Any contractual liability which attaches by virtue of a contract or agreement but any

liability which would have attached in the absence of such contract or agreement is

covered under this section; d. For property damage where loss or damage to property owned by you or in

your care, custody or control or any employees other than; i. Employees, directors, partners or visitors’ personal effects including

vehicles and their contents; ii. Premises and their contents not owned by or leased or rented to you at

which you are undertaking work in connection with your business; iii. Premises and their fixtures and fittings leased or rented to you unless such legal

liability attaches by virtue of an agreement and would not have attached in the

absence of the agreement; e. For bodily injury to or financial loss sustained by an employee arising out of and in

the course of his or her employment or engagement by you in the business;

f. For the use of, ownership by, or on your behalf, or any person entitled to cover

of any; i. mechanically propelled vehicles unless used as a tool of trade, unless

where cover is provided for any motor insurance contract, or where

insurance is required by law; ii. drilling platform, rig, or offshore installation.

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g. Directly or indirectly caused by or contributed to, or arising in any way

whatsoever from; i. ionising radiation or contamination by radioactivity from any nuclear fuel or

from any nuclear waste from the combustion of nuclear fuel; ii. Radioactive toxic explosive or other hazardous properties of any

explosive nuclear assembly or nuclear component.

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Section C Employers’ Liability 1 We agree to cover you against your legal liability to pay damages, including claimants’ costs for

bodily injury to an employee in the course of employment which occurs during the period of

insurance arising out of an occurrence, provided that the cover under this section is in

accordance with the provisions of law relating to compulsory insurance of liability to employees,

but you shall repay to us all sums paid by us which we would not have been liable to pay but for

the provisions of such law.

2 We shall cover you for all Defence costs and expenses.

Employers’ Liability exclusions

3 The cover provided by this policy will not apply to any liability, as follows;

a. Liability for which compulsory motor insurance or security is required under any road

traffic legislation within the territorial limits;

b. Any liability arising from bodily injury in connection with work or visits outside the

territorial limits;

c. Any liability arising under workers compensation social security or health insurance

legislation save for any compensation recovery unit payments that may be required by

the Social Security Act 1989 and 1990.

d. for your directors’, officers’ partners or employees for which you would not have

been entitled to indemnity if the claim had been made against you.

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General extensions for each section of the policy

Extension 1 Cross Liabilities

Each named company, legal entity or subsidiary set out in the schedule will be separately

indemnified in respect of claims made against any of them by any other, subject to our total liability

not exceeding the stated limit of indemnity.

Extension 2 Statutory Defence Costs (not applicable to Section A Professional Indemnity)

We agree to cover you in respect of defence costs and expenses up to £10,000 any one inquiry or

other proceeding stated herein and in the aggregate incurred with our prior consent in defending:

a. any alleged breach of statutory duty or criminal proceedings brought under the legislation

below in clauses (i) to (ix); and / or

b. any allegations (whether under common law or statute) of manslaughter, corporate

manslaughter or corporate homicide made against you;

Provided that the prosecution or proceedings relate to:

i. an offence alleged to have been committed during the period of

insurance and in the course of business; and

ii. Bodily injury or a potential claim for bodily injury to persons other

than employees including their health, safety and welfare.

We will also cover you for:

i. Defence costs and expenses of an appeal including appeal against

improvement and prohibition notices incurred with our prior consent; ii. Prosecution costs awarded against you.

But cover under this extension excludes; i. fines or penalties of any kind; ii. where cover is provided by any other insurance; iii. Defence costs and expenses and prosecution costs in excess of the sub-

limit of indemnity stated in the schedule.

The following statutes are included within the statutes or regulations contemplated for

which defence costs and expenses are covered by this clause; i. Health and Safety at Work, etc. Act 1974, but only sections 2 to 8, ii. Health and Safety at Work (Northern Ireland) Order 1978, iii. The Trade Description Act 1968 iv. Part II of the Consumer Protection Act 1987 v. Part II of the Food Safety Act 1990. vi. Corporate Manslaughter Act 2007 vii. Consumer Protection Act 1987

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viii. Part II of the Data Protection Act 1998 ix. Defective Premises Act 1972, section 3.

Extension 3 Contingent liability for employee’s vehicles

We will indemnify you notwithstanding exclusion 21 caused by or in connection with any vehicle

owned by an employee which is being used in the course of your business but excluding liability; a) arising when such vehicle is being driven;

(i) by you (ii) with your consent by anyone whom you know does not hold a licence to drive such

vehicle unless such person has held and is not disqualified from holding or obtaining such a licence;

b. for physical loss of or damage to any such vehicle c. for any use outside the territorial limits.

Extension 4 Overseas personal liability

We will indemnify you if; a. any of your directors, officers, partners or employees b. any spouse or child of your directors, officers, partner or employees accompanying you or

accompanying such director, officer, partner or employee.

incur legal liability (including defence costs and expenses) in a personal capacity while you or any

of your directors, officers, partners, or employees are visiting a country anywhere in the world in

connection with your business, but excluding any liability; (i) arising from any contract or agreement unless liability would have existed otherwise (ii) arising out of the ownership or occupation of land or buildings (iii) arising from the carrying on of any trade or profession (iv) where indemnity is provided by any other insurance (v) arising from the ownership possession or use of wild animals firearms (other than

sporting guns) mechanically-propelled vehicles aircraft or watercraft

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Important conditions for each section of the policy

Where there has been a failure to comply with one or more of the following, other than a condition that defines the risk as a whole, and compliance with such condition would tend to reduce the risk of loss of a particular kind and/or loss at a particular location and/or loss at a particular time, we cannot rely on the breach of such term to exclude, limit or discharge our liability if you show that the failure to comply with such term could not have increased the risk of the loss which actually occurred in the circumstances in which it occurred

In addition, coverage may be suspended under this policy from the time of your failure to comply with one or more of the following until the time when the breach is remedied (if it is capable of being remedied). We will have no liability to you for any loss which occurs, or which is attributable to something happening, during the period when our liability is suspended.

1. Assignment Assignment of interest under this policy will not bind us unless we have consented in writing.

2. Contract (Rights of Third Parties) Act 1999 This policy does not confer or create any right enforceable under the Contracts (Rights of Third

Parties) Act 1999 or any amending or subsequent legislation by any person who is not named as

an insured and both you and us may amend, cancel or lapse this insurance without giving

notice to, or requiring the consent of, any other third party. However, this will not preclude rights

enforceable under the Third Parties (Rights against Insurers) Act 2010.

3. Inspection and audit We will be permitted but not obligated to inspect your property and operations at any time on

giving you reasonable notice. Our right to make inspections or any report produced does not

constitute an undertaking for your benefit or others to determine or warrant that such

property, product or operations are safe.

4. Records We may hold documents relating to this insurance and any claims under it in electronic form and

may destroy the originals. An electronic copy of any such document will be admissible in evidence

to the same extent as, and carry the same weight as, the original.

5. Representation Where more than one entity is designated as an insured, the first named insured will act on your

behalf and other parties covered under this policy with respect to the giving and receiving of any

notices from us including any notice of cancellation. The payment to the first named insured of

any return premium that may be payable under this policy will satisfy our obligations to return

premium to any other party covered by this insurance.

6. Sanction limitation and exclusion We shall not provide cover nor be liable to pay any claim or provide any benefit under this

insurance if the provision of such cover, payment of a claim or provision of any benefit would

expose us or any member of our group to any sanction, prohibition or restriction under United

Nations resolutions or the trade or economic sanctions, laws or regulations of any country.

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7. Subscribing insurer Our obligations under this policy are severable and not joint and are limited solely to the extent

of our individual subscription. The insurers are not responsible for the subscription of any co-

subscribing insurer who for any reason does not satisfy all or part of its obligations.

8. Sub-contractors insurance checks Whenever work is undertaken on your behalf by any of your subcontractors, you will establish

and maintain an administrative procedure for obtaining evidence that your subcontractors have

in place public liability insurance that covers the work to be undertaken by the subcontractor. The

cover must be subject to a limit of indemnity of not less than GBP 5,000,000, and will include

an ‘indemnity to principals’ clause, and this evidence will be revalidated every 12 months

throughout the duration of their contract with you.

9. Fork lift truck conditions All your drivers must be at least 18 years of age and all drivers must:

a) complete a training course in the safe use of fork lift trucks through an Accredited

Training Provider belonging to one of the five accrediting bodies as recognised by the

Health & Safety Executive; b) complete a refresher course within 5 years of the initial training programme, and

you must retain appropriate documentation verifying completion.

Whenever a fork lift truck is left unattended;

a) the ignition keys must be removed, or b) the vehicle otherwise immobilised,

to prevent unauthorised use. Unattended means that the fork lift truck is out of sight of the

driver and / or more than one (1) minute’s walking distance from the driver to prevent

unauthorised use;

The carriage of passengers, unauthorised use or application as a tool in excess of the design

capabilities of the vehicle is prohibited. All drivers must engage all operational safety systems

in accordance with the manufacturers’ recommendations.

10. Working at height This condition applies to Section D Employers’ Liability only. If any of your employees work at

heights exceeding 5 meters above floor level you must ensure that;

a) They use fall-arrest equipment consisting of a full-body harness, shock absorbing lanyard

and connecting hook, carabiner or ring; or b) They use a work positioning system that prevents a fall from height consisting of a waist

belt, full-body or chest harness, rope or web lanyard and connecting hook, carabiner or

ring or; c) They are undertaking roped access work in accordance with the provisions of the Code

of Practice For the Use of Rope Access Methods For Industrial Purposes BS7985 2002.

In any event, you must;

a) Maintain a formal record of the equipment supplied to and received by them; b) Ensure the equipment conforms to BS EN standards.

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11. Heat away from premises When you use a naked flame or other heat source including but not limited to; oxyacetylene;

electric arc or similar welding, cutting, grinding or other spark emitting equipment; blow

lamps; otherwise applying heat away from your premises, you and your employees shall

take all reasonable precautions to prevent damage.

The term ‘reasonable precautions’ shall include but not be limited to the following:

a) Before starting work:

i) a person shall be made responsible for fire safety and for ensuring that

reasonable precautions are taken;

ii) all persons shall be made aware of the location of the site’s fire alarms and

fire-fighting equipment;

iii) the responsible person shall examine all property within a radius of 6 metres

from where the heat is being applied and where possible, remove all

combustible materials or otherwise cover and protect by overlapping sheets

or screens of non-combustible material.

b) During the process of work

i) a person shall work alongside the operator of the equipment to look out for an

outbreak of fire and there shall be available for immediate use a hose

connected to the nearest hydrant with water turned on and controllable at the

nozzle of the hose. If water is not available or unsuitable or provision of such

a hose is not practical, then 2 fully charged fire extinguishers (complying with

BS EN 3) must be available and if used during the process, the heat work

must cease until those fire extinguishers are made available,

ii) the lighting of equipment shall be in accordance with manufacturer’s

instructions and no piece of lighted equipment shall be left unattended,

iii) gas cylinders not required for immediate use shall be kept at least 6

metres from where the heat is being applied.

c) After ceasing work a continuous examination for one (1) hour shall be made of the

area within a radius of 6 metres from where the heat has been applied to ensure

that there is no risk of fire.

Furthermore where you or persons acting on your behalf burn debris away from

their premises, the following precautions must be taken on each occasion:

a) fires to be in a cleared area and at a distance of at least 10 metres from any property; b) fire not to be left unattended at any time; c) a suitable fire extinguisher to be kept available for immediate use; d) fires to be extinguished at least one (1) hour prior to leaving site at the end of

each working day.

12. Reasonable precautions You, or your risk manager or senior management shall take all reasonable precautions to prevent

an insured event or loss arising or continuing. You will act in a manner so as not to promote a

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loss arising or continuing from the deliberate, conscious or intentional disregard by you of

the need to take reasonable care.

13. Skip hire conditions In connection with the use, ownership or hiring out of skips, you must at all times observe and

comply with the requirements of the Roads (Scotland) Act 1984 or the Highways Act 1980 or any

other statutes, regulations or local bye-laws and must ensure that:

i. each skip is marked with fluorescent markings which must be kept clean; ii. each skip deposited on a highway is equipped to be properly lit during the hours

of darkness; iii. no skip is left at or outside any customer's premises or on any working site

without delivery being accepted by or on behalf of the customer.

Skips must be hired out under the conditions of hire as advised to us and a copy of the

conditions must be given to the customer and the contents thereof drawn to the customer's

attention prior to or at the time of delivery of the skip.

14. Subrogation

Unless there is a ‘Waiver of subrogation’ clause, for each and every claim, you must not

waive any rights of recourse or recovery against any other person which may give rise to an

action under this policy;

i. You will, at our request and expense, allow us to enforce any rights and remedies.

ii. In the event of any payment under this insurance, we will act in concert with all other

interested persons (including you) concerned in the exercise of any rights of

recovery.

iii. The apportioning of any amounts which may be recovered will follow the principle

that any interested persons (including you) who will have paid an amount over and

above any payment hereunder will first be reimbursed up to the amount paid by

them; we are then to be reimbursed out of any balance then remaining up to the

amount paid; lastly, the interested persons (including you) to whom this coverage is

in excess shall be entitled to claim the residue, if any.

iv. Expenses necessary to the recovery of any such amounts will be apportioned

between the interested parties concerned in the ratio of their respective recoveries as

finally settled.

15. Timing of bodily Injury or damage (Only applicable where a retroactive date has been

inserted in the schedule) Where it is not possible to ascertain the timing of bodily injury or damage, then for the purpose

of determining the cover granted by this policy, bodily injury will be deemed to have occurred

when the claimant first consulted a qualified medical practitioner regarding such bodily injury,

whether or not it was correctly diagnosed at that time. If no consultation took place then the

bodily injury will be deemed to have occurred when you first became aware of the

circumstance or received the claim, whichever is the earlier.

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General exclusions for each section of the policy

The cover provided by this policy excludes;

1. Abuse any claim arising from actual or alleged abuse.

2. Advertising Injury

Liability arising out of Advertising Injury unless specifically covered.

3. Advice, design or plans and professional services

Liability arising out of or from advice, design, plans, specifications, formulae, surveys or

dimensions prepared or given by you or others or any professional services rendered by

you, but this shall not exclude liability arising under Section A Professional Indemnity.

4. Aircraft, watercraft and mechanically propelled vehicles

Liability arising out of or from the ownership, possession, maintenance or use of any aircraft

or other aerial device or satellite, spacecraft or any watercraft, or any mechanically propelled

vehicle other than:

a. motor barges not exceeding seventy five (75) ton capacity on inland waterways;

b. hand-propelled craft, sailing vessels and motor launches not exceeding fifteen (15)

metres in length and only when operated on inland waterways;

c. watercraft not belonging to or chartered by you but used by you for business

entertainment provided that;

i. such watercraft is primarily owned and operated as a river cruise vessel;

ii. such watercraft is insured by the owner or charterer under a policy of marine

insurance;

iii. we will not indemnify you in respect of liability which attaches by way of any

contract or agreement that would not have attached in the absence of such

contract or agreement.

5. Asbestos

Liability arising from or caused by any work involving the manufacture, mining, processing,

use, installation, storage, removal, stripping out, demolition, disposal, distribution, inspection

or testing of or exposure to asbestos, asbestos fibres, asbestos dust or asbestos-containing

materials.

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6. Costs of recall or guarantee

Expenditure, whether incurred by you or others, for the withdrawal, recall, disposal, removal,

repair, adjustment, alteration, reconditioning, replacement or reinstatement of any product or

part (or any other product or part of which your product forms, or is intended to form, a part

or ingredient) and/or financial loss consequent upon the necessity for such withdrawal,

recall, disposal, removal, repair, adjustment, alteration, reconditioning, replacement or

reinstatement.

7. Deliberate acts

a. Damages or compensation, including claimants’ costs and any associated defence

costs, which result from personal injury, damage, denial of access either expected

or intended by you but this exclusion does not apply to bodily injury resulting from the

use of reasonable force to protect persons or property.

b. Other defence costs incurred in proceedings except in respect of manslaughter,

corporate manslaughter or corporate homicide consequent upon any deliberate act or

omission by you, if the result of such act or omission could reasonably have been

expected to constitute an offence under any legislation.

This exclusion shall not apply to any individual person or company if the bodily injury,

property damage, denial of access is not expected or intended by that party.

8. Cyber liability

Liability arising directly or indirectly from, or in connection with, or consisting of any

loss, destruction or damage, failure or loss of data resulting directly or indirectly from or

in connection with: (i) virus or similar mechanism, (ii) denial of service attack, (iii) unauthorised access to or use of computer and electronic equipment, (iv) the failure of any equipment to correctly recognise the date or change of date.

The following definitions are relevant to this exclusion;

Virus or similar mechanism means program code, programming instruction or any set of

instructions with the ability to damage, interfere with, or otherwise adversely affect Computer

and Electronic Equipment or Data, whether involving self-replication or not, including, but

not limited to trojan horses, worms and logic bombs.

Denial of service attack means any actions or instructions with the ability to damage,

interfere with, or otherwise affect the availability of Computer and Electronic Equipment or

Data, including but not limited to the generation of excess traffic into network addresses, the

exploitation of system or network weaknesses, and the generation of excess or non-

genuine traffic within, between or amongst networks.

Computer and electronic equipment means all computers, computer installations and

systems, microchips, integrated circuits, microprocessors, embedded systems, hardware,

and any electronic equipment, data processing equipment, information repository,

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telecommunication equipment, computer controlled or programmed machinery, equipment

capable of processing data and/or similar devices, whether physically or remotely connected

thereto.

9. Employment practices disputes

Liability which arises out of employment practice disputes directly or indirectly related to

employment or prospective employment of any person or persons by you including but

not limited to:

a. wrongful unfair or constructive dismissal; b. denial of natural justice, defamation, misleading representation or advertising; c. refusal to employ a suitably qualified applicant or failure to promote; d. coercion, demotion, evaluation, relocation, punishment, slander,

humiliation, harassment or discrimination.

10. Financial loss

Liability for pure economic loss not consequent upon bodily injury or property damage,

but this exclusion shall not apply to financial loss as a consequence of;

a. a bodily Injury, advertising injury; b. denial of access; or c. cover as provided by the Data Protection Act 1998 under the Statutory defence

costs extension; or

d. loss under Section A Professional Indemnity

11. Fees for intervention

Any payments raised under the Health and Safety (Fees) Regulations 2012 relating to

‘fees for intervention’.

12. Fines and penalties

Taxes, fines or penalties, punitive, aggravated, multiple, exemplary or other non-

compensatory damages or the consequences of non-payment of any additional

damages under Section 97(2) of the Copyright, Design and Patents Act 1988 or any

statutory successor to that section or any claim deemed uninsurable by law.

13. Human Immune Deficiency (HIV)

Any liability caused by or arising out of, or related to HIV; Acquired Immune Deficiency

Syndrome Related Complex; Acquired Immune Deficiency Syndrome and any virus, complex

or syndrome that is related to the foregoing which results from the manufacture supply of

blood or blood products. Blood or blood products include blood preparations, sera, plasma,

cellular products and whole blood to the extent that they derived from human blood and are

intended for us as a drug.

14. Liability from employment

Bodily injury caused to or sustained by any employee arising out of or in the course of

employment by the insured in the business, unless covered under Section D Employers’

Liability.

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15. Limit of Indemnity

Liability in excess of the limit of indemnity stated in the schedule and any extension

stated in the schedule.

16. Liquidated damages

Any loss arising out of or from any liquidated damages clauses or penalty clauses or

performance warranties in any contract or agreement which you or any other insured party

has entered into unless it is proven that, and then only to the extent that, liability would

have attached in the absence of such clauses or warranties.

17. Mildew mould spore(s) or allergens

Liability directly or indirectly occasioned by, arising out of any fungus of any kind

whatsoever, including but not limited to; mildew, mould, spore(s) or allergens; or any costs

or expenses associated, in any way, with the abatement, mitigation, remediation,

containment, detoxification, neutralization, monitoring, removal, disposal, or any obligation to

investigate or assess the presence or effects of fungus of any kind whatsoever, including but

not limited to mildew, spore(s), or allergens; or any obligations or duty to defend any actions

directly or indirectly occasioned by, arising out of any fungus of any kind whatsoever,

including but not limited to mildew mould spore(s) or allergens irrespective of the cause of

such fungus, mildew, mould, spore(s) or allergens, and whenever or wherever occurring.

18. Nuclear risks

a. Loss or destruction of or damage to any property whatsoever or any loss or expense

whatsoever resulting or however arising or any consequential loss; b. any legal liability of whatsoever nature; c. ionising radiation or contamination by radioactivity from any nuclear fuel or nuclear waste

from the combustion of nuclear fuel; d. radioactive toxic explosive or other hazardous properties of any explosive nuclear

assembly or nuclear component; e. any sum which you become legally liable to pay or any loss or expense, directly or

indirectly caused by or contributed to, or arising from or attributable to nuclear hazards.

19. Overseas operations

Your subsidiary companies, branch offices or representatives with power of attorney that

are domiciled outside of the United Kingdom.

20. Property in the insured’s care custody and control

Damage to property owned, leased, hired or held in trust by you or under hire, purchase or

on loan to you or held otherwise in your, custody or control except that this exclusion shall

not apply in respect of and to the extent of the indemnity provided by any expressly stated

coverage extension.

21. Prior knowledge

Any liability under this policy in respect of any;

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a. Claims or losses (including defence costs and expenses) first made,

threatened or intimated against you prior to the period of insurance; b. Circumstances of which you first became aware prior to the period of Insurance or

which you ought reasonably to have been aware of prior to the period of insurance

which may give rise to a liability under this policy and which was known or ought to have

been known to you prior to the period of insurance.

22. Statutory defence costs

Liability for defence costs and defence costs arising out of or in respect of any alleged

breach of statutory duty or any allegation of manslaughter, corporate manslaughter or

corporate homicide except as stated in the schedule as covered under ‘Statutory defence

costs,’ or under extension 2.3 ‘Legal Representation Costs’ in Section A Professional

Indemnity.

23. Silica

Any liability for or arising out of existence of the presence, proliferation, discharge,

dispersal, seepage, migration, release, escape, or exposure to silica.

24. The product itself

Liability for damage to your product or any part arising from a defect or unsuitability and

economic loss or other loss of any kind arising from the damage.

25. Tobacco products

Any bodily injury caused as a result of the use or consumption of tobacco products.

26. War and terrorism

Any liability directly or indirectly caused by or contributed to or arising from war, invasion, act

of foreign enemy hostilities (whether war has been declared or not) civil war, rebellion,

revolution, insurrection, military or usurped power or any act of terrorism. This Exclusion

shall apply to Section D – Employers Liability to the extent that it is necessary to comply with

the minimum requirements of the law in the United Kingdom of Great Britain and Northern

Ireland including the Channel Islands and the Isle of Man relating to compulsory insurance

of liability to employees and provided that the maximum Limit of Indemnity for all

occurrences of a series consequent upon or attributable to one source or original cause

shall not exceed the Limit of Indemnity.

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General Definitions

The following words or expressions shall carry the meaning shown below wherever they appear in

bold in the policy, schedule, any endorsement or any proposal or statement of fact. Where the

defined words are shown in the plural they take the same meaning as shown below in the plural;

Word Definition

Abuse Any direct or indirect act or failure to act that intentionally harms or injures a third party. For the purposes of this policy, abuse shall include any form of physical, sexual and psychological harm or injury arising in the course of your business.

Advertising Injury a. libel, slander or defamation;

b. any infringement of copyright or of title or of slogan;

c. piracy or unfair competition or idea misappropriation under an

implied contract;

d. any invasion of right of privacy;

e. any of the foregoing alleged by any other name:

committed or alleged to have been committed during the period of

insurance in any advertisement, publicity article, broadcast or telecast by

or on your behalf and arising out of the your business.

Bodily injury sickness, disability or disease. Bodily injury shall also mean mental injury, mental anguish, shock or death if directly resulting from bodily injury,

sickness, disability or disease.

Business or Professional Business means the business as specified in the schedule and/or declared in the

proposal.

Claim

means any written or oral demand for monetary damages or other relief including non-pecuniary relief or any civil, arbitration or adjudication proceedings including any counterclaim or appeal.

Defence costs and any fees, expenses, costs and disbursements incurred in investigating,

expenses or defence adjusting, settling or defending a claim that may be covered by this policy.

costs Your internal or overhead expenses or the cost of your time is not included.

Denial of access nuisance, trespass or interference with any easement or right of air, light, water or way.

Documents deeds, wills, agreements, maps, plans, books, letters, policies, certificates,

forms and other documents of any nature, whether printed, written or

reproduced by any method including computer records and electronically

stored data but does not mean bonds or coupons, stamps, bank or currency

notes, money or any negotiable instrument.

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Employee any person employed by you under a contract of service or apprenticeship

during or prior to the commencement of the period of insurance.

Endorsement a change to the terms of the policy

Excess means the first amount payable by you in respect of one occurrence. Where more than one excess could be applied to one claim, only the one

excess, the highest excess, will be applied.

Extension any additional cover selected under this policy

Financial loss a pure economic loss or expense sustained by a third party resulting from your business that is not consequent upon bodily injury, denial of

access, property damage and pollution.

Investigation a civil, criminal, administrative or regulatory examination, investigation or other proceeding conducted by any official body or institution empowered

under statute to investigate your affairs. Investigation does not mean

routine regulatory supervision, inspection or compliance reviews.

Proceeding includes an appeal against the outcome of any initial

proceedings.

Limit of indemnity the amount stated in the schedule which is the maximum amount of our liability for any one claim regardless of the number of:

i. insureds; or

ii. persons or organisations bringing claims; or

iii. Occurrences or claims of a series consequent upon or

attributable to one source or original cause;

Where two or more insured sections are subject to a combined single limit,

then the combined single limit is the maximum we will pay for any insured

event to which insured sections apply in combination, and where a limit of

indemnity is stated in the schedule as in the aggregate, that aggregate is

the maximum we will pay for all insured events during the period of

insurance. Sub limit of indemnity means the same save in respect to a

specified section of this policy.

Nominee the name and address stated in the schedule

Occurrence

an event, including continuous or repeated exposure to substantially the

same general conditions, which results in bodily injury, denial of access,

advertising injury, property damage, pollution or any liability covered

under any selected extension, that is neither expected nor intended by you.

Period of insurance or Policy Period the time for which this policy is in force as stated in the schedule.

Policy this policy wording, the schedule and any endorsements noted as included in the schedule.

Pollution or any substance, solid, liquid, gaseous or thermal irritant or contaminant

Pollutants including but not limited to smoke, vapours, soot, fumes, acids, alkalis, chemicals and waste materials. Waste materials include, but are not limited

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to, recycled, reconditioned or reclaimed materials. However, pollution shall

not include asbestos or radiation or contamination as described.

Pollution incident any pollutant which is released to land, air or water that could harm people or the environment.

Premium the amount stated against the premium in the schedule

Product any property after it has left your custody or control which has been designed, specified, formulated, manufactured, constructed, installed, sold,

supplied, distributed, treated, serviced, altered or repaired by you or on

behalf. Any food or drink supplied by or on your behalf primarily to your

employees as a staff benefit is not a product.

Property damage physical injury to tangible property, including all resulting loss of use, possession or control of that property. All such loss of use shall be deemed

to occur at the time of the physical injury that caused it. For the purposes of

this insurance, electronic data is not tangible property.

Proposal the written proposal made by you to us together with any other related particulars and statements that have been supplied to us and which have

been taken into consideration by us when deciding whether to provide this

Insurance and upon what terms.

Prosecution costs costs incurred by the prosecution in prosecuting a criminal action against you and caused directly by a breach (or alleged breach) of the named

statutes in the Statutory Defence cover extension.

Retroactive date the date specified against the Retroactive date in the schedule. If no retroactive date is stated in the schedule, the retroactive date will be the

date the policy incepts.

RIDDOR an event that gives rise to your duty to report an incident under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations

2013.

Schedule the document attaching to or incorporated into this policy wording and headed schedule and bearing the policy number applicable to this

insurance.

Silica Silica means the mineral, silicon dioxide, and any type or form of it including, but not limited to, silica-containing products, goods, fibres or materials, silica dust, fine particulate dust of siliceous or silicic minerals, and any gases, vapours, scents or by-products produced or released by silica, silica dust or silica-containing products, goods, fibres or materials. Siliceous or silicic minerals include, but are not limited to, sand, quartz, slate, granite and flint.

Territorial Limits the territory or location specified in the schedule. If the territorial limits are not stated in the schedule then the territorial limits will be the territory

where you are domiciled.

Terrorism an act of terrorism including but limited to the use of force or violence and/or the threat thereof, of any person or group of persons, whether acting alone

or on behalf of or in connection with any organisation or government,

committed for political, religious, ideological or similar purposes including the

intention to influence any government and/or to put the public, or any section

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of the public in fear.

We, us, our, the Insurer the Lloyd’s underwriters subscribing to this insurance noted in the schedule

You, your, the Insured a. the insured specified in the schedule as named insured;

b. the named insured subsidiaries, owned or controlled companies

which have been declared to and accepted by us, other than any

Joint Ventures in which such subsidiary, owned or controlled

company has an interest;

c. any director or employee of the insured but only for acts within the

scope of their employment;

d. with regard to any Joint Venture in which the named insured or a

subsidiary, owned or controlled company of the named insured has

an interest and which interest has been declared to and accepted by

us, your interest in any joint venture is subject always to the

following:

Our liability under this policy shall be limited to (a) your percentage interest

in the joint venture and (b) the total limit of indemnity afforded to you by this

policy. Where your percentage interest in the joint venture is not set out in

writing, the percentage to be applied shall be that which would be imposed

by law at the inception of the joint venture. Such percentage shall not be

increased by the insolvency of others interested in the joint venture; and

e. Your officers, committee and members of the canteen, social,

sports, medical, fire-fighting and welfare organisations in their

respective capacity as such;

f. Your legal or personal representative(s) in their capacity as such, in

respect of liability incurred by you, provided that if cover is extended

to any such party, that party shall be subject to the terms of this

policy so far as they can apply.

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Governing Law and Disputes Clause

Any dispute between you and the insurer arising out of or in connection with this policy shall be

referred to arbitration before a sole arbitrator (to be mutually agreed upon by you and us or

failing agreement to be appointed by the Chairman for the time being of the Bar Council) whose

decision shall be final and binding on both parties.

As an alternative to the above paragraph, disputes arising from or in connection with this policy

may be referred to a recognised mediation service if the parties to this contract agree in writing.

Disputes arising from or in connection with this policy shall be subject to the jurisdiction and law of

England and Wales.

Interpretation

In this policy;

a. reference to any Act, statute or statutory provision shall include a reference to that provision

as amended, re-enacted or replaced from time to time whether before or after the date of

the inception of this policy; b. if any term, condition, exclusion or endorsement or part is found to be invalid

or unenforceable the remainder shall be in full force and effect; c. headings are for reference only and shall not be considered when determining the meaning

of this policy.

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